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Title: HIPAA Privacy Rule and the National Instant Criminal Background Check System (NICS)

Abstract: This proposed rule would modify the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to expressly permit certain HIPAA covered entities to disclose to the National Instant Criminal Background Check System (NICS) the identities of individuals who are subject to a Federal "mental health prohibitor" that disqualifies them from possessing or receiving a firearm.

Statement of Need:
This proposed rule is needed to ensure that entities that perform involuntary commitments or make adjudications causing individuals to be disqualified from possessing or receiving a firearm under the Federal mental health prohibitor can report to the NICS.

Summary of the Legal Basis:
On January 16, 2013, President Barack Obama announced 23 Executive actions aimed at curbing gun violence across the nation, including a specific commitment to address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, which may prevent states from making information available to the NICS.

Anticipated Costs and Benefits:
The rule does not establish any new requirements and is expected to be cost neutral. Possible unquantified benefits include increased flexibility for States and covered entities to report to the NICS, and increased public safety as a result of increased reporting to the NICS.